November 7, 2018

The Short Version of Veterans Aid and Attendance

By: Darleen Mahoney

This weekend, our Nation will reflect on the sacrifices that our Veterans and War Heroes have made over the years as it became a national holiday in 1938. As their sacrifices have provided safety, security and the freedom our country continues to enjoy, it’s important to know what benefits our Veterans may be eligible. Its important that they be aware and utilize what is available, especially if they find themselves in unexpected need.

According to the U.S Department of Veterans Affairs, “Elderly Veterans may be eligible for a wide-variety of benefits available to all U.S. military Veterans.”

What exactly is Aid and Attendance? Its super simple, the veteran must require help Veterans Benefitswith daily living or activities at home, assisted living, nursing home, or skilled nursing. Their need does not have to be related to any military service.

If you are applying for “Aid and Attendance” and would like benefits based on a housebound status, the Veterans Agency will allow some costs and annualized medical expenses if it’s for medical care. Those aging in place and using Home Health services do not have to be licensed. However, if the beneficiary or Veteran has been diagnosed with a cognitive disorder such as Alzheimer’s, a physician’s statement must indicate that a protective environment is in place.

If you are seeking Aid and Attendance benefits while living or would like to move to an Assisted Living or Skilled Nursing Facility, the facility will be required to sign a statement verifying the type of care being given or what they are expecting that resident to receive.  You will also be required to submit a “Care Provider Report”.

How do you know if you may qualify? Here are a few simple indictors:

  1. Age: you or surviving spouse must be 65 or older or officially disabled if younger.
  2. Period of Military Service- you must be considered a “wartime veteran”, meaning that you have served a minimum of 90 days with only one of those days during wartime dates. You did not have to serve in combat to qualify.
    1. World War II: December 7, 1941-December 31, 1946
    2. Korean War: June 27, 1950-January 31, 1955
    3. Vietnam War: August 5, 1964-May 7, 1975
    4. Gulf War: August 2, 1990-Undetermined
  3. Discharge Status: you cannot be dishonorably Discharged

Applying and understanding these benefits can get very complicated, seeking the professional guidance and advice of a licensed, professional Elder Law Attorney is encouraged to help guide you through this process. If you can receive a referral from a family friend or your Trust and Estate Planning Attorney, this may help guide you in the right direction.

If you are needing additional funds to cover the cost of Home Health services, Assisted Living, or Skilled Nursing for you and your spouse, you may qualify for:

Living Veteran                                                  Monthly Rate

Housebound Without Dependents:                       $1,340

Housebound Without Dependents:                       $1,680

Aid and Attendance W/O Dependents:                 $1,830

Aid and Attendance W/ Dependent:                     $2,169

In October 2018, the VA made new rules to fiscally qualify for benefits. The new net worth limits of $123,600 became effective. They will look at the Veteran’s overall net worth in addition to income. There are also other rules that could affect a Veteran from qualifying, seeking professional guidance may be helpful.

If you believe that you or a Veteran loved qualifies for Aid and Attendance, it can always be helpful to speak to the Assisted Living or Skilled Nursing facility that you are considering, and they may have folks who are trained to assist you through this process as well.

If you find that you or your Veteran qualify, and you begin your process to apply, you are encouraged to get organized, make sure that all your paperwork and forms are completed. Above all, do not get discouraged.

Share

April 4, 2018

Assisted Living Tax Deductions Simplified!

Filed under: Elder Law Attorney,Seniors,Taxes — seniorlivingguide @ 11:24 am

By: Darleen Mahoney

In honor of the month that can be very tax focused if you are the last minute, down to the wire, can’t find all of your receipts, but are determined to get all the deductibles allowed by law like me. I am going to share one tax deduction that you may not know is available! Its an important one, as you know assisted living costs continue to rise every year. These costs can be very stressful on you or your family members. Did you know that some of these costs may be tax deductible?

The criteria for the tax deduction is that the resident in assisted living must be considered “chronically ill”, meaning a doctor or nurse has certified that the resident either:

  • Is unable to perform on their own two daily activities. Ex: eating, bathing, dressing, etc.
  • Diagnosed with a cognitive impairment, (Alzheimer’s disease, dementia, etc) and requires supervision

You may ask what do you mean, “certified”? To qualify for the deduction, a doctor, a nurse, or social worker must prescribe a plan of care and certify the plan. Luckily, most assisted living facilities offer and can prepare this for their residents within the guidelines required.

How these costs are determined to be tax deductible are based on medical expenses and long-term care expenses. Typically, only the medical expenses of assisted living are deductible and living costs are not. However, there are exceptions. The exceptiontax deductions for seniors to this may if the resident is chronically ill and the facility is primarily for their medical care and is part of the residents certified care plan, then it may be tax deductive, much like a hospital vs. a home environment.  The tax deduction is calculated based if expenses are more than 7.5 percent of the adjusted gross income.

There is also an opportunity for Adult children to receive a tax deduction if their parents or other family members live at an assisted living facility and qualify as their dependents.  The adult child may be eligible for this deduction even if it is less than half of the total support according to a “multiple support agreement.” The adult child is required to pay more than 10 percent of the total support for the year. There are variables to this agreement and I would recommend speaking to professional counsel such as, a Elder Law Attorney/Tax Consultant to make sure that you are meeting all legal obligations before taking the tax deduction as there may be multiple parties on this agreement.

I always recommend if you have complicated tax planning have questions about your taxes, seek professional advice. Asking for a reference from a trusted family member or friend is a great start to a Elder Law Attorney or Tax Advisor, www.superlawyers.com  have highly rated lawyers to refer online.

If you have uncomplicated quick question about tax deductions, you may want to visit online resources such as Intuit.com https://ttlc.intuit.com/questions/3612566-how-do-you-determine-what-portion-of-assisted-living-is-deductible-and-what-is-not-is-this-provided-by-the-facility

Getting the most out of your tax deductions doesn’t have to be complicated if you know what you qualify for and you utilize your resources.

Share

 

Home | Privacy | Disclaimer | Advertising | Media Kit | Definitions | Help | Contact
Copyright ©2009 Fairfax Publishing Company, Inc. All Rights Reserved.
The Nations Premier Online Senior Housing Resource

  • RSS
  • Facebook
  • Google+
  • LinkedIn
  • Twitter
  • YouTube